TRF 4 hands victory to Portos do Paraná in decision over the stones of Palangana

The Federal Regional Court of the 4th Region granted the injunction of the Legal Board of Portos do Paraná and suspended the preliminary decision of the substitute judge Flávio Antônio da Cruz, of the 11th Federal Court, granted in a public civil action filed by the Federal Public Ministry and the State Public Ministry, which suspended the Environmental License and the work of dredging by landslides at the Port of Paranaguá.

Judge Vívian Josete Pantaleão Caminha highlighted the need for the work for safe navigation and environmental protection. The decision proves the legality and regularity of the administrative licensing process obtained from the competent environmental agency, IBAMA. All environmental programs will proceed and, according to the judgment, the conditions, mitigation measures, and post-execution control of the project will be fulfilled.

“There is no controversy between the parties regarding the need to carry out the overturning procedure in the Palanganas Stones Region, as one of the stages of a long and complex dredging work in the port space (…) the location of the rock formation – in a channel giving access to the Port and mandatory passage of vessels (including large ones), which result in limitations regarding the depth of water at the entrance to the bay and difficulties in carrying out maneuvers and increased risk of navigation accidents, complicated by possible adverse weather conditions and unfavorable sea currents (…) and the importance of the rocky obstacle removal work for the safety of navigation and the protection of the environment itself, which is exposed to the risk of large-scale accidents, compromising the local biome (as has happened in the past – when in 2001, the NT Norma collided with the rocks, causing serious damage to the environment”, the suit states.

The decision also emphasizes that “the licensing process began in 2009 and the objections presented by the appellees on 06/25/2021 (date of the filing of the original action) could have been raised before December 2018 (date of rectification of the License of Installation No. 1.144/2016-IBAMA), or, at least, before the bidding process (started in May 2019) and contracting the winning Consortium (in 2020)”

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